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Torquenado Directory 07
Page 04
In the history of constitutional liberty, of which the Great Charter is the beginning, its specific provisions are of far less importance than its underlying principle. What we to-day consider the great safeguards of Anglo-Saxon liberty are all conspicuously absent from the first of its creative statutes, nor could any of them have been explained in the meaning we give them to the understanding of the men who framed the charter. Consent to taxation in the modern sense is not there; neither taxation nor consent. Trial by jury is not there in that form of it which became a check on arbitrary power, nor is it referred to at all in the clause which has been said to embody it. Parliament, habeas corpus, bail, the independence of the judiciary, are all of later growth, or existed only in rudimentary form. Nor can the charter be properly called a contract between king and nation. The idea of the nation, as we now hold it, was still in the future, to be called into existence by the circumstances of the next reign. The idea of contract certainly pervades the document, but only as the expression of the always existent contract between the suzerain and his vassals which was the foundation of all feudal law. On the other hand, some of the provisions of our civil liberty, mainly in the interest of individual rights, are plainly present. That private property shall not be taken for public use without just compensation, that cruel and unusual punishments shall not be inflicted nor excessive fines be imposed, that justice shall be free and fair to all, these may be found almost in modern form.
The graphic art of the Apache finds expression chiefly in ceremonial paintings on deerskin, and in basketry. Only rarely have they made pottery, their roving life requiring utensils of greater stability. Such earthenware as they did make was practically the same as that of the Navaho, mostly in the form of small cooking vessels. Usually the pictures are painted on the entire deerskin, but sometimes the skin is cut square, and at others ceremonial deerskin shirts are symbolically painted. Occasionally the Apache attempts to picture the myth characters literally; at other times only a symbolic representation of the character is made. In addition to the mythic personages, certain symbols are employed to represent the incident of the myth. These paintings are made under the instruction of a medicine-man and are a part of the medicine paraphernalia. On some skins the most sacred characters in Apache mythology are represented symbolically--Naye{~COMBINING BREVE~}nezgani, the War God; Tubadzischi{~COMBINING BREVE~}ni, his younger brother; Kuterastan, the Creator of All; Stenatlihan, the chief goddess. In fact the symbolism on an elaborately painted deerskin may cover every phase of Apache cosmology.
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